The Marine Insurance Act 1906
An Act to codify the Law relating
4. Avoidance of wagering or gaming contracts.-
(1) Every contract of marine insurance by way of gaming or wagering is void.
(2) A contract of marine insurance is deemed to be a gaming or wagering
contract -
(a) Where the assured has not an insurable interest as defined by this
Act, and the contract is entered into with no expectation of acquiring
such an interest; or
6. When interest must attach.-
(1) The assured must be interested in the subject-matter insured at the time of
the loss though he need not be interested when the insurance is effected:
Provided that where the subject-matter is insured 'lost or not lost,' the asured
may recover although he may not have acquired his interest until after the loss,unless
at the time of effecting the contract of insurance the assured was aware of
the loss, and the insurer was not.
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7. Defeasible or contingent interest.-
(1) A defeasible interest is insurable, as also is a contingent interest.
(2) In particular, where the buyer of goods has insured them, he has an
insurable interest, notwithstanding that he might, at his election, have rejected the
goods, or have treated them as at the seller's risk, by reason of the latter's delay in
making delivery or otherwise.
8. Partial interest.-
A partial interest of any nature is insurable.
17. Insurance is uberrimae fidei.-
A contract of marine insurance is a contract based upon the utmost good
faith,and, if the utmost good faith be not observed by either party, the contract may be
avoided by the other party.
18. Disclosure by assured.-
(1) Subject to the provisions of this section, the assured must disclose to the
insurer, before the contract is concluded, every material circumstance which is known
to the assured, and the assured is deemed to know every circumstance which, in the
ordinary course of business, ought to be known by him. If the assured fails to make
such disclosure, the insurer may avoid the contract.
(2) Every circumstance is material which would influence the judgment of a
prudent insurer in fixing the premium, or determining whether he will take the risk.
(3) In the absence of inquiry the following circumstances need not be disclosed,
namely:
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(a) Any circumstance which diminishes the risk:
(b) Any circumstance which is known or presumed to be known to the
insurer. The insurer is presumed to know matters of common notoriety
or knowledge, and matters which an insurer in the ordinary course of his
business, as such, ought to know;
(c) Any circumstances as to which information is waived by the insurer;
(d) Any circumstance which it is superfluous to disclose by reason of any
express or implied warranty.
20. Representations pending negotiation of contract.-
(1) Every material representation made by the assured or his agent to the
insurer during the negotiations for the contract, and before the contract is concluded,
must be true. If it be untrue the insurer may avoid the contract.
(2) A representation is material which would influence the judgment of a prudent
insurer in fixing the premium, or determining whether he will take the risk.
33. Nature of warranty.-
(1) A warranty, in the following sections relating to warranties, means a
promissory warranty, that is to say, a warranty by which the assured undertakes that
some particular thing shall or shall not be done, or that some condition shall be fulfilled,
or whereby he affirms or negatives the existence of a particular state of facts.
55. Included and excluded losses.-
(2) In particular -
(a) The insurer is not liable for any loss attributable to the wilful
misconduct of the assured, but, unless the policy otherwise provides, he
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is liable for any loss proximately caused by a peril insured against, even
though the loss would not have happened but for the misconduct or
negligence of the master or crew;
(b) Unless the policy otherwise provides, the insurer on ship or goods is
not liable for any loss proximately caused by delay, although the delay
be caused by a peril insured against;
(c) Unless the policy otherwise provides, the insurer is not liable for
ordinary wear and tear, ordinary leakage and breakage, inherent vice or
nature of the subject-matter insured, or for any loss proximately caused
by rats or vermin, or for any injury to machinery not proximately caused
by maritime perils.
56. Partial and total loss.-
(1) A loss may be either total or partial. Any loss other than a total loss, as
hereinafter defined, is a partial loss.
(2) A total loss may be either an actual total loss, or a constructive total loss.
(4) Where the assured brings an action for a total loss and the evidence proves
only a partial loss, he may, unless the policy otherwise provides, recover for a partial
loss.
(5) Where goods reach their destination in specie, but by reason of obliteration
of marks, or otherwise, they are incapable